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Texas Business Organizations Code - BUS ORG § 5.001. Effect on Rights Under Other Law

Current as of April 14, 2021 | Updated by FindLaw Staff

(a) The filing of a certificate of formation by a filing entity under this code, an application for registration by a foreign filing entity under this code, or an application for reservation or registration of a name under this chapter does not authorize the use of a name in this state in violation of a right of another under:

(1) the Trademark Act of 1946, as amended (15 U.S.C. Section 1051 et seq.);

(2) Chapter 16 or 71, Business & Commerce Code;  or

(3) common law.

(b) The secretary of state shall deliver a notice that contains the substance of Subsection (a) to each of the following:

(1) a filing entity that files a certificate of formation under this code;

(2) a foreign filing entity that registers under this code;

(3) a person that reserves a name under Subchapter C;  1  and

(4) a person that registers a name under Subchapter D.  2

1  V.T.C.A., Business Organizations Code § 5.101 et seq.
2  V.T.C.A., Business Organizations Code § 5.151 et seq.
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Cite this article: FindLaw.com - Texas Business Organizations Code - BUS ORG § 5.001. Effect on Rights Under Other Law - last updated April 14, 2021 | https://codes.findlaw.com/tx/business-organizations-code/bus-org-sect-5-001/

Read this complete Texas Business Organizations Code - BUS ORG § 5.001. Effect on Rights Under Other Law on Westlaw

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